Legal Opinion

Tehan v. Thos. C. Peters Printing Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 16, 1979PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Cardamone, J. P.

Respondents, the new owners of a commercial building, served a notice of termination of a written lease on appellant, a tenant, when the rent which, under the lease, was to be paid on the first day of the month was not received on that date. Throughout the tenancy with the previous owner, appellant had been in the habit of paying the rent after the first of the month. Are the new owners, concededly without actual knowledge of the waiver of strict compliance with this term of the lease by their predecessor, charged with constructive knowledge of it? We think…

2Cases cited14 opinions

  1. First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
  2. J. N. A. Realty Corp. v. Cross Bay Chelsea, Inc.New York Court of Appeals · 1977
  3. Graf v. Hope Building Corp.New York Court of Appeals · 1930
  4. Fifty States Management Corp. v. Pioneer Auto Parks, Inc.New York Court of Appeals · 1979
  5. Phelan v. . BradyNew York Court of Appeals · 1890

9 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Holm v. C.M.P. Sheet Metal, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
  2. Birnbaum v. Yankee Whaler, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
  3. 52 Riverside Realty Co. v. EbenhartAppellate Division of the Supreme Court of the State of New York · 1986
  4. Brainerd Manufacturing Co. v. Dewey Garden Lanes, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
  5. 2301 M Street Cooperative Association v. Chromium, LLCDistrict of Columbia Court of Appeals · 2019

10 more not listed; retrieve them via the Exa API.

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